Repair Obligations. If the Premises or any portion of the Project affecting Tenant's use and occupancy of the Premises are damaged by Casualty, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures and other personal property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premises.
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Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease according to Section 12.1, Landlord shall be required to restore the Building and Premises to their condition prior to such destruction or damage, with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. Notwithstanding what is set forth herein, Tenant may terminate this Lease if Landlord fails to repair the Premises or any portion of the Project affecting Building necessary for Tenant's use occupancy within 270 days from the date of casualty, subject to delays for insurance adjustments and occupancy of the Premises are damaged delays caused by Casualtymatters beyond Landlord's reasonable control, then Tenant may terminate the Lease by written notice to Landlord. which notice shall be delivered to Landlord no later than fifteen (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (6015) days after discovery the date that such repairs should have been completed pursuant to the terms of the previous sentence, and then, unless such repairs have been completed the Lease will terminate thirty (30) days after Landlord's receipt of such damage notice. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 11.2; Tenant agrees to repair, restore or replace such property as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs soon as possible after the date Tenant commences business operations of damage, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in the Premisesconnection with its repair and restoration of such damage, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below may, at its option, elect to repair and restore such Alterations)) and such portions the damage, if any, caused to all of the Project leasehold improvements required to substantially be insured by Tenant according to Section 11.2(b). If Landlord makes such election, Landlord will be entitled to all proceeds of the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any such Restoration shall be subject to (iinsurance policy described in Section 11.2(b) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration to the Common Areas, leasehold improvements Landlord so elects to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds repair or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures and other personal property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisesrestore.
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Repair Obligations. If the Premises or any portion of the Project affecting Tenant's use and occupancy of the Premises Building are damaged by Casualtyfire or other casualty and neither party terminates this Lease according to Section 10.1, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)damage with due diligence, reasonable promptness and in a good and workmanlike manner, subject to force majeure, delays for insurance adjustments and delays caused by matters beyond Landlord’s control. Unless (i) and such portions Landlord was in breach of its obligations under Section 9.1 of this Agreement at the time of the Project damage; or (ii) the damage was caused in part by the negligence or willful misconduct of the Landlord and if as a result thereof Landlord does not receive all of the full replacement insurance proceeds, Landlord will not be required to substantially spend more for such repair and restoration than the same condition insurance proceeds available to Landlord as existed before a result of the Casualty (collectively, "Restore" fire or "Restoration")other casualty other than the deductible under said policy; provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, in Landlord notifies Tenant promptly after Landlord learns that the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Eventsexpected to be available to Landlord will not be sufficient for such repair and restoration, but no later than 170 days from the date of such damage. Notwithstanding the foregoing, Landlord shall will have no obligation with respect toliability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and if diligently pursues such repairs and restoration to completion. In no event will Landlord elects be obligated to repair, restore or is replace any of the property required to perform any Restoration hereunder, be insured by Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures and other personal property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisesaccording to Section 9.2.
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Repair Obligations. If the Premises or any portion of the Project affecting Tenant's use and occupancy of the Premises Building are damaged by Casualtyfire or other casualty and neither party shall terminate this Lease pursuant to the provisions of Section 13.1, then (a) Landlord shall notify Tenant promptly commence and diligently prosecute Landlord’s Restoration Work, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as this Section, Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the amount business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time (period set forth in the "Estimated Restoration Period") Estimate, provided that Landlord reasonably estimates it will take promptly commences and diligently pursues such repairs and restoration to restore the Project and/or the Premises and (b) Landlord shallcompletion, subject to the provisions of Sections 12.2 this Article 13, and 12.3 below, proceed with reasonable promptness further provided that if Landlord shall fail to repair such damage and substantially complete or restore the Premises Landlord’s Restoration Work within fourteen (including, if the Casualty occurs 14) months after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations on which such fire or other casualty shall have occurred (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements andwithin 120 days, in the case of Restoration fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the Common Areasdate on which Landlord shall have substantially completed Landlord’s Restoration Work, time being of the essence. In no event shall Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant pursuant to Section 12.1; Tenant shall repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to modifications then reasonably considered desirable by Landlord and at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in keeping connection with the standards performance of Comparable Buildings; Landlord’s Restoration Work, Landlord may, at its option, elect to repair and (iirestore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) delays resulting from a failure to promptly receive insurance proceeds its condition prior to such fire or Force Majeure Eventsother casualty using materials at least equal to Building standard materials. Notwithstanding the foregoingIf Landlord shall make such election, Landlord shall have no obligation with respect to, be entitled to all proceeds of the insurance policy described in Section 12.1(b) applicable to the leasehold improvements and if Alterations Landlord so elects to repair or is required to perform any Restoration hereunder, restore. Landlord and Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures and cooperate with each other personal property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisestheir respective efforts to collect insurance proceeds.
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Repair Obligations. If the Premises or any portion of the Project affecting Tenant's use and occupancy of the Premises Building are damaged by Casualtyfire or other casualty and neither party shall terminate this Lease pursuant to the provisions of Section 13.1, then (a) Landlord shall notify Tenant in writing (a "promptly commence and diligently prosecute Landlord's Casualty Notice") within sixty (60) days after discovery Restoration Work out of such damage as the net proceeds of insurance received by Landlord, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the amount business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time (period set forth in the "Estimated Restoration Period") Estimate, provided that Landlord reasonably estimates it will take promptly commences and diligently pursues such repairs and restoration to restore the Project and/or the Premises and (b) Landlord shallcompletion, subject to the provisions of Sections 12.2 this Section 13. In no event will Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant according to Section 12.2; Tenant agrees to repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs personal property as soon as possible after the date Tenant commences business operations of such fire or other casualty, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the Premisesperformance of Landlord's Restoration Work, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below may, at its option, elect to repair and restore such Alterations)) and such portions the damage, if any, caused to any or all of the Project leasehold improvements and/or Alterations required to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"be insured by Tenant according to Section 12.2(b); provided, however, that any . If Landlord shall make such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoingelection, Landlord shall have no obligation with respect to, be entitled to all proceeds of the insurance policy described in Section 12 2(b) applicable to the leasehold improvements and if Alterations Landlord so elects to repair or is required to perform any Restoration hereunder, restore. Landlord and Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures and other personal property cooperate with each other. in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisestheir respective efforts to collect insurance proceeds.
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Repair Obligations. If the Premises or any portion of the Project affecting Tenant's use and occupancy of the Premises are damaged by Casualty, then (a) Landlord shall notify Tenant maintain and keep in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to good repair and restore such Alterations)) condition and such operating order, in a manner substantially consistent with the Operations Standard, the structural portions of the Project to Base Building, including the foundation, floor/ceiling slabs, roof, curtain wall (if applicable), sewer and water mains, exterior glass and mullions, columns, beams, shafts (including elevator shafts), parking areas, stairwells (excluding stairwells installed by Tenant only), elevator cabs and systems, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, unexposed portions of the men’s and women’s public washrooms, Building mechanical, electrical and telephone closets. Landlord shall also maintain and keep in good repair and first-class condition and operating order, in a manner substantially consistent with the same condition as existed before Operations Standard, the Casualty base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other building systems and equipment which were not constructed by Tenant or Tenant Parties (collectively, "Restore" or "Restoration"the “Building Systems”); provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, . Notwithstanding anything in the case of Restoration this Lease to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or is required to perform any Restoration hereundercontrary, Tenant shall be responsible required to repair the structural portions of the Base Building and/or the Building Systems to the extent required because of (i) Tenant’s use of the Premises for other than normal and shallcustomary creative and general office operations, or (ii) the negligence or willful misconduct of Tenant or the Tenant Parties, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Except as provided as part of Landlord’s obligations set forth above or elsewhere in the Lease, Tenant shall at Tenant’s own expense, keep the non-structural, interior portions of the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, any specialty or non-general office improvements and equipment, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), in reasonably good order, repair and replace condition at its sole cost all times during the Lease Term (but such obligation shall not extend to the structural portions of the Base Building and the Building Systems, except pursuant to the BS/BS Exception). In addition, except as provided as part of Landlord’s repair obligation set forth above or elsewhere in this Lease, Tenant shall, at Tenant's equipment’s own expense, furniturebut under the supervision and subject to the prior approval of Landlord, fixtures and other personal property in within any reasonable period of time specified by Landlord, pursuant to the Premisesterms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant (but such obligation shall not extend to the structural portions of the Base Building and the Building Systems, except pursuant to the BS/BS Exception); provided however, that, at Landlord’s option, but only if Tenant fails to make such repairs and replacements, Landlord may, but need not, make such repairs and replacements within thirty (30) days after notice thereof from Landlord (or such sooner period in the case of an emergency), and Tenant shall pay Landlord an amount sufficient to reimburse Landlord for the Actual Cost thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, to the extent not duplicative of Direct Expenses, forthwith upon being billed for same, plus a ten percent (10%) surcharge payable to Landlord on such costs to cover Landlord’s administrative costs. Landlord may, but shall not be required to, enter the Premises (but, except during emergencies, Landlord may not enter “Secured Areas,” as that term is defined in Article 27 of this Lease) at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any telecommunication cables and related devices equipment located in the Project as Landlord shall desire or serving deem necessary or as Landlord may be required to do by applicable Laws; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be performed in a manner so as to minimize any material, adverse effect upon Tenant’s use of, or ingress or egress to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (GoodRx Holdings, Inc.)
Repair Obligations. If Tenant’s ObligationsExcepting those maintenance, repair and restoration obligations that have been expressly delegated to Landlord under other provisions of this Lease, Tenant, at its sole cost and expense, shall keep the interior of the Premises and every part thereof in good, clean, pest-free, and sanitary condition and repair at all times during the Term. All damage, injury or breakage to any part or portion of the Premises or the Facility caused by Tenant, any portion of its affiliates, constituent partners, subtenants or licensees, or agents, or any of their respective officers, directors, trustees, employees, contractors and licensees (collectively, the Project affecting “Tenant Parties”), and any invitee, visitor, or customer of any Tenant Party (a “Tenant Invitee”) shall be promptly repaired at Tenant's use ’s sole cost and occupancy expense, to the reasonable satisfaction of Landlord. If Tenant fails to perform any such repair obligation within thirty (30) days, then Landlord shall have the right to perform such repair work at Tenant’s expense. If any such damage occurs outside of the Premises are damaged by Casualtyor to the Base Building or a Base Building item, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 11 shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Tenant shall be solely responsible for the design and complete function of all of the Tenant Improvements, whether or restore not installed by Landlord at Xxxxxx’s request. Tenant waives all rights to make repairs to the Premises (includingor to the Facility at the expense of Landlord, if or to deduct the Casualty occurs after cost of such repairs from any payment owed to Landlord under this Lease. All maintenance and repairs made by Tenant must comply with Landlord’s sustainability practices, including any third-party rating system concerning the date Tenant commences business operations in environmental compliance of the Building or the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially as the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any such Restoration shall be subject may change from time to (i) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures and other personal property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisestime.
Appears in 1 contract
Samples: Office Lease (Fitbit Inc)
Repair Obligations. If the Premises or any portion Landlord shall be responsible, as a part of Operating Expenses, for repairs to and routine maintenance of the Building including without limitation: (1) exterior windows, window frames, window casements (including the repairing, resealing, cleaning and replacing of exterior windows); (2) exterior doors, door frames and door closers; (3) the Building (as opposed to the Premises) and Project affecting Tenant's use plumbing, sewer, drainage, electrical, fire protection, life safety and occupancy security systems and equipment, existing heating, ventilation and air-conditioning ("HVAC") systems, and all other mechanical and HVAC systems and equipment (collectively, the "Building Systems"), (4) the exterior glass, exterior walls, foundation and roof of the Premises are damaged by CasualtyBuilding, then the 8377633.2 (a8383465.1) Landlord shall notify Tenant in writing -00- Xxxxxxx Xxxxx Xxxx I Limited Partnership [Britannia Point Eden] [Pulse Biosciences, Inc.] structural portions of the floors of the Building, including, without limitation, any painting, sealing, patching and waterproofing of exterior walls, and (a "Landlord's Casualty Notice"5) within sixty (60) days after discovery of such damage as repairs to the amount elevator in the Building and underground utilities, except to the extent that any such repairs are required due to the negligence or willful misconduct of time Tenant (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "RestorationRepair Obligations"); provided, however, that any if such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration repairs are due to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards negligence or willful misconduct of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoingTenant, Landlord shall have no obligation with respect tonevertheless make such repairs at Tenant's expense, and or, if Landlord elects or is required to perform any Restoration hereundercovered by Landlord's insurance, Tenant shall only be responsible for and shallobligated to pay any deductible in connection therewith. Costs expended by Landlord in connection with the Landlord Repair Obligations shall be included in Operating Expenses to the extent allowed pursuant to the terms of Article 4, repair and replace at its sole cost all of above. Landlord shall cooperate with Tenant to enforce any warranties that Landlord holds that could reduce Tenant's equipmentmaintenance obligations under this Lease. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, furniturestatute, fixtures and other personal property or ordinance now or hereafter in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premises.effect.
Appears in 1 contract
Samples: Lease (Pulse Biosciences, Inc.)
Repair Obligations. If the Premises or any portion of the Project affecting Tenant's use and occupancy of the Premises are is damaged by Casualtyfire or other casualty and Landlord does not terminate this Lease according to Section 10.1, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) damage with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord’s control. However, Landlord will not be required to spend more for such portions repair and restoration than the insurance proceeds available to Landlord as a result of the Project fire or other casualty. To the extent Tenant is responsible for insuring equipment, Tenant’s inventory and stock-in-trade, Tenant agrees, promptly upon notice from Landlord that Landlord is repairing the Building, to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any file such Restoration shall be subject to (i) modifications required by zoning or building codes claims and other applicable Requirements and, in the case of Restoration pursue such repairs to the Common Areas, Premises in order to modifications then reasonably considered desirable by rebuild the equipment to reopen Tenant’s business within 20 days after the completion of Landlord’s repairs. Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall will have no obligation with respect toliability to Tenant and Tenant will not be entitled to terminate this Lease if Landlord’s repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and if diligently pursues such repairs and restoration to completion. If Landlord elects or is required to perform repair the Building or the Premises, as applicable, and Tenant does not elect to terminate this Lease if permitted to hereinabove, and, subject to delays beyond Landlord’s reasonable control, Landlord fails to complete such repairs or restoration within the later of (a) 365 days or (b) thirty (30) days after the estimated date of completion of repairs as set forth in the Repair Notice (the “Outside Repair Date”), then Tenant shall have the right to terminate this Lease upon written notice to Landlord at any Restoration hereunder, time after the Outside Repair Date and prior to Landlord’s completion of the repairs and to the extent Landlord completes the repairs prior to receipt of such notice Tenant shall be responsible for and shalldeemed to have waived the foregoing right to terminate this Lease. In no event will Landlord be obligated to repair, repair and restore or replace at its sole cost all any of Tenant's equipment, furniture, fixtures and other personal the property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisesrequired to be insured by Tenant according to Section 9.2.
Appears in 1 contract
Samples: Lease Agreement (Solid Power, Inc.)
Repair Obligations. If the Premises Premises, Office Component Elevators, or any portion of the Project affecting Tenant's ’s use and occupancy of the Premises are damaged by CasualtyCasualty following the Substantial Completion of Landlord’s Work, then (a) Landlord shall notify Tenant in writing (a "“Landlord's ’s Casualty Notice"”) within sixty (60) days after discovery of such damage as to the amount of time (the "“Estimated Restoration Period"”) Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, including Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "“Restore" ” or "“Restoration"”); provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements Applicable Laws and, in the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable BuildingsLandlord; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant's ’s equipment, furniture, fixtures and other personal property in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premises.
Appears in 1 contract
Samples: Lease Agreement (Eventbrite, Inc.)
Repair Obligations. If In the Premises event of a fire or any portion of the Project affecting other casualty, Tenant may, at Tenant's use sole cost and occupancy of the Premises are damaged by Casualtyexpense, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations any items included in the Premises, Tenant Improvements Tenant's Work and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such all Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any such Restoration shall be subject to if (i) modifications required by zoning or building codes Tenant assigns to Landlord Tenant’s property and other applicable Requirements andcasualty insurance proceeds plus the amount of the deductible, if any, for all items included in the case of Restoration Tenant's Work and Alterations to the Common Areasextent paid for by Landlord, Tenant shall not be required to modifications then reasonably considered desirable by Landlord and in keeping with repair or restore the standards of Comparable Buildingssame; and (ii) delays resulting from a failure to promptly receive if Tenant does not assign such property and casualty insurance proceeds or Force Majeure Events. Notwithstanding the foregoingproceeds, Landlord shall have no further obligation to repair or restore the Leased Premises pursuant to this Article 13, and Tenant may restore same at its sole cost and expense (provided, however, that Tenant may only elect not to restore same so long as Tenant continues to pay Rent to Landlord with respect toto such damaged portion of the Leased Premises). In the event of a fire or other casualty, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost repairing or restoring all other portions of Tenant's equipment, furniture, fixtures and other personal property the Leased Premises not mentioned in the foregoing sentence to the extent of property and casualty insurance proceeds recovered with respect to said casualty. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any property insurance coverage, whether carried by Landlord or Tenant, for damage to those items or decorations which Landlord is obligated to repair, it being agreed that Tenant shall be entitled to the proceeds from any property insurance for items insured by Tenant which Landlord has no obligation to repair. Notwithstanding the foregoing to the contrary, in the event this Lease is terminated in its entirety as a result of such casualty: (i) all proceeds of Landlord's insurance shall be payable to Landlord; and (ii) Tenant shall reimburse Landlord only for a sum equal to the amount of the unamortized portion of Landlord's Maximum Contribution (determined at the time such casualty occurs). Notwithstanding the foregoing to the contrary, in the event this Lease is terminated as to only a portion of the Leased Premises ("Terminated Premises") as a result of such casualty, includingthen with respect to the Terminated Premises: (i) all proceeds of Landlord's insurance relative to the Terminated Premises shall be payable to Landlord; and (ii) Tenant shall reimburse Landlord only for a sum which is equal to the amount of the unamortized portion of Landlord's Maximum Contribution (determined at the time such casualty occurs) applicable to the Terminated Premises. Thus, without limitationby way of example, any telecommunication cables if the Lease is terminated with respect to the entire second floor only, (i) Landlord shall receive all proceeds of Landlord's insurance relative to the second floor; and related devices located in or serving (ii) Tenant shall reimburse Landlord for the Premisesunamortized portion of Two Million Seven Hundred Thirty Five Thousand One Hundred and Twenty and 00/100 Dollars ($2,735,120.00) (determined at the time such casualty occurs), which amount represents that portion Landlord's Maximum Contribution ($80.00 per Rentable Square Foot) applicable to the second floor (which consists of 34,189 Rentable Square Feet).
Appears in 1 contract
Repair Obligations. If Tenant shall; at Tenant’s own expense, pursuant to the Premises or any portion terms of this Lease, including without limitation Article 8 hereof, keep the portions of the Project affecting Tenant's use and occupancy of Premises, including the Premises are damaged by Casualty, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations Improvements in the Premises, and all other alterations, tenant fixtures and furnishings in the Premises (except the “Base Building,” as that term is defined in Section 8.2 of this Lease, and any Base Building systems and equipment), in good order, repair and condition at all times during the Lease Term, subject to reasonable wear and tear, and damage by casualty event or the negligence or misconduct of Landlord or any Landlord Party (defined below). In addition, Tenant Improvements shall, at Tenant’s own expense, but under the supervision and Alterations (subject to the extent Landlord receives insurance proceeds prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to Section 12.3 below the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and restore such Alterations)) appurtenances, except for damage caused by ordinary wear and such portions tear or beyond the reasonable control of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration")Tenant; provided, provided however, that any if Tenant fails to commence to make such Restoration repairs or replacements within thirty (30) days after notice from Landlord (except in cases of emergency in which no notice shall be subject to required of Landlord) and diligently complete such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord actual, out-of-pocket costs thereof, arising from Landlord’s involvement with such repairs and replacements within thirty (i30) modifications required by zoning or building codes and other applicable Requirements and, in days after being billed for same (provided documentation evidencing the case of Restoration to the Common Areas, to modifications then reasonably considered desirable costs incurred by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure is provided to promptly receive insurance proceeds or Force Majeure EventsTenant). Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost all maintain in first class condition and operating order the Project parking facilities, exterior landscaping and lighting, as well as the structural portions of Tenant's equipment, furniture, fixtures and other personal property in the PremisesBuilding, including, without limitationbut not limited to, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs parking areas, stairwells, escalators, elevator cabs, plazas, mechanical, electrical and telephone closets (collectively, the “Building Structure”) and the mechanical, electrical, life safety, plumbing, sprinkler systems (connected to the core) and base building HVAC systems (which shall in no event include any telecommunication cables of the Tenant Repair Items) (collectively, the “Building Systems”), except to the extent such maintenance and related devices repairs are caused by the act, neglect, fault or omission of any duty by Tenant or contractors, agents, servants, employees, invitees, guests or licensees of Tenant, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, subject to and in accordance with the provisions of Article 27 hereof, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or serving deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the PremisesCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repair Obligations. If In the event the Leased Premises or the improvements thereon are damaged or destroyed by fire or other casualty and subject to the Leasehold Mortgagee (as defined in Article 22), if any, making any portion of insurance proceeds available to Tenant (which Tenant shall diligently pursue with the Project affecting Leasehold Mortgagee using Tenant's use reasonable efforts), Tenant shall promptly and occupancy of the Premises are damaged by Casualty, then with reasonable diligence and in no event later than one hundred eighty (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60180) days after discovery of such damage as fire or other casualty, commence to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shallrepair, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair rebuild and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before in which they were immediately prior to the Casualty happening of such casualty (collectively, the "Restore" or "RestorationRestoration Work"); provided, howeverand continue with due diligence until completion thereof. Rent and all other amounts payable to Landlord shall not be abated or reduced as a result of fire or other casualty. Notwithstanding anything contained in this Lease to the contrary, that Tenant shall not execute a Leasehold Mortgage (as defined in Article 22) of its interest in this Lease with any Leasehold Mortgagee unless such Restoration shall be subject to Leasehold Mortgage (i) modifications required by zoning or building codes and other applicable Requirements andprovides that the Leasehold Mortgagee shall make all insurance proceeds available to Tenant for repair, rebuilding and/or restoration provided that Tenant is not then in the case default of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; its Leasehold Mortgage and (ii) delays resulting from a failure provides that in the event that such Leasehold Mortgagee elects, pursuant to promptly receive its rights under such Leasehold Mortgage, not to make insurance proceeds available for the restoration, repair or Force Majeure Eventsrebuilding of the improvements on the Leased Premises, then such Leasehold Mortgage shall provide that before the Leasehold Mortgage applies any such insurance proceeds against its loan balance, the Leasehold Mortgagee shall first use such portion or all such insurance proceeds as may be necessary to demolish and remove the remaining portion of the improvements from the Leased Premises to return the Leased Premises to essentially the condition that existed on the date hereof. Notwithstanding If Tenant shall fail or refuse to commence the foregoingRestoration Work as provided above, Landlord may, at its option, (A) terminate this Lease, or (B) raze (or cause to be razed) any improvements on the Leased Premises, rough grade (or cause to be rough graded) the land on which the improvements had been built and restore (or cause to be restored) the cleared area to either a hard surface condition or a landscaped condition until a replacement building is erected, if ever, in accordance with the terms of this lease. Tenant shall reimburse Landlord for any costs associated with (b) above within thirty (30) days after Landlord's demand for payment thereof. In addition to all rights to terminate this Lease granted to the parties in this Section, if the Leased Premises (or improvements thereon) are destroyed or damaged during the last two (2) years of the Term to the extent that the cost to repair and restore the same is fifty percent (50% ) or more of the value of the Leased Premises immediately prior to such damage or destruction, then Tenant shall have no obligation with respect to, and if Landlord elects the right to terminate this Lease as of the date of such damage or is required to perform any Restoration hereunder, Tenant destruction by giving written notice thereof within thirty (30) days after the date of said damage or destruction. If this Lease shall be responsible for and shallterminated pursuant to this Subsection, repair and replace at its sole cost all of Tenant's equipment, furniture, fixtures any annual minimum rental and other personal property charges paid in the Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premisesadvance shall be immediately refunded to Tenant.
Appears in 1 contract
Samples: Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC)
Repair Obligations. If Landlord shall, as part of Operating Expenses to the Premises extent permitted under Article 3 of this Lease, operate, improve, manage and maintain the Building and Project in accordance with all governmental laws, rules and regulations in a manner consistent with “Comparable Buildings,” defined as first class office buildings in the Woodland Hills/ West San Xxxxxxxx Valley area comparable in age, location, amenities and quality of construction. Landlord shall keep and maintain the Building and Project (excluding the Tenant Improvements and Alterations), including the Building’s exterior walls, windows, roof and foundation, the Base, Shell and Core, and the Systems and Equipment located in the Building, in proper working order, condition and repair (collectively, the “Landlord Repair Items”). Landlord shall keep and maintain the Landlord Repair Items in compliance with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any portion standard or regulation now or hereafter imposed on Landlord by a state, federal or local governmental body charged with the establishment, regulation and enforcement of the Project affecting occupational health or safety standards for employers, employees, landlords or tenants, that relates to Tenant's ’s use and or occupancy of the Premises are damaged by Casualty, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery or the operation of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"“Legal Requirements”); provided, however, that any Tenant hereby covenants and agrees that if such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or compliance is required as a result of Tenant’s non-general office use of the Premises, or Tenant’s particular use or occupancy (as opposed to perform any Restoration hereunderuse or occupancy by office tenants in general), Tenant shall be responsible for the cost of causing, and Tenant shall cause, the Tenant Improvements, the Alterations, the Base, Shell and Core (but then only to the extent that the cost of such compliance is not included in Operating Expenses), to comply with the Legal Requirements. Except as set forth above as Landlord’s obligations, and in addition to the obligations of Tenant set forth above, Tenant shall, at Tenant’s own expense, keep the Tenant Improvements and Alterations, and fixtures and furnishings in the Premises in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Tenant Improvements and Alterations and replace at its sole cost or repair all of Tenant's equipmentdamaged, furniturebroken, or worn fixtures and other personal property appurtenances in the Premises; provided however, includingthat, without limitationat Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements to the Tenant Improvements and Alterations, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any telecommunication cables and related devices equipment located in the Project as Landlord shall desire or serving deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the PremisesCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Repair Obligations. If Landlord shall, as part of Operating Expenses to the extent permitted under Article 3 of this Lease, operate, improve, manage and maintain the Building and Project in accordance with all governmental laws, rules and regulations in a manner consistent with “Comparable Buildings,” defined as first class office buildings in the Woodland Hills/ West San Xxxxxxxx Valley area comparable in age, location, amenities and quality of construction. Landlord shall keep and maintain the Building and Project (excluding the Tenant Improvements and Alterations), including the Building’s exterior walls, windows, roof and foundation, the Base, Shell and Core, and the Systems and Equipment located in the Building, and any Building standard Improvements installed in the Premises in proper working order, condition and repair (collectively, the “Landlord Repair Items”). Landlord shall keep and maintain the Landlord Repair Items in compliance with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any portion standard or regulation now or hereafter imposed on Landlord by a state, federal or local governmental body charged with the establishment, regulation and enforcement of the Project affecting occupational health or safety standards for employers, employees, landlords or tenants, that relates to Tenant's ’s use and or occupancy of the Premises are damaged by Casualty, then (a) Landlord shall notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery or the operation of such damage as to the amount of time (the "Estimated Restoration Period") Landlord reasonably estimates it will take to restore the Project and/or the Premises and (b) Landlord shall, subject to the provisions of Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and complete or restore the Premises (including, if the Casualty occurs after the date Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"“Legal Requirements”); provided, however, that any Tenant hereby covenants and agrees that if such Restoration shall be subject to (i) modifications required by zoning or building codes and other applicable Requirements and, in the case of Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or Force Majeure Events. Notwithstanding the foregoing, Landlord shall have no obligation with respect to, and if Landlord elects or compliance is required as a result of Tenant’s non-general office use of the Premises, or Tenant’s particular use or occupancy (as opposed to perform any Restoration hereunderuse or occupancy by office tenants in general), Tenant shall be responsible for the cost of causing, and Tenant shall cause, the Tenant Improvements, the Alterations, the Base, Shell and Core (but then only to the extent that the cost of such compliance is not included in Operating Expenses), to comply with the Warner Center III\Health Net\JS\December 22, 2003 Legal Requirements. Except as set forth above as Landlord’s obligations, and in addition to the obligations of Tenant set forth above, Tenant shall, at Tenant’s own expense, keep the Tenant Improvements and Alterations, and fixtures and furnishings in the Premises in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Xxxxxx’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Tenant Improvements and Alterations and replace at its sole cost or repair all of Tenant's equipmentdamaged, furniturebroken, or worn fixtures and other personal property appurtenances in the Premises; provided however, includingthat, without limitationat Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements to the Tenant Improvements and Alterations, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any telecommunication cables and related devices equipment located in the Project as Landlord shall desire or serving deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the PremisesCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)